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IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
RAMESH SINHA, CJ, RAVINDRA KUMAR AGRAWAL
Akash Kumar Sahu S/o Shri Ramashankar Prasad – Appellant
Versus
State of Chhattisgarh – Respondent
JUDGMENT :
RAMESH SINHA, CJ.
1. Heard Mr. Dhiraj Kumar Wankhede, learned counsel for the petitioner. Also heard Mr. Vivek Sharma, learned Advocate General along with Mr. Praveen Das, learned Additional Advocate General appearing for the respondents/State.
2. By way of this writ petition the petitioner has prayed for following reliefs:
“10.1 This Hon'ble Court may kindly be pleased to directed the respondents to call relevant records, pertaining to the instant matter.
10.2 This Hon'ble Court may kindly be pleased to quash the order dated 08.09.2025 as well as all the proceedings of Criminal Case No. 1379/2025, pending before respondent No. 6
10.3 This Hon'ble Court may kindly be pleased to quash the Istagasha dated 08.09.2025, prepared by the Police Chowki, Smriti Nagar against the petitioner.
10.4 This Hon'ble Court may kindly be pleased to issue an appropriate writ or direction to take disciplinary action against the private respondent no. 9 to 15.
10.5 This Hon'ble Court may kindly be pleased to direct the respondent No. 1/State, taking note of suffering and humiliation caused to the petitioner by granting a sum of Rs. 5,00,000/- (Rupees five lakhs) towards compensation to petitioner to
The case reinforces the necessity of informing arrestees of the grounds for their arrest and complying with preventive detention laws, establishing that unlawful arrests lead to compensation for viol....
The judgment establishes the importance of upholding the rights guaranteed under Article 21 of the Constitution of India and the need for a reasonable basis for arrest under the Cr.P.C.
The court held that without credible evidence, an arrest constitutes a violation of Article 21, and compensation may be awarded for wrongful detention.
The court established that police officers must comply with statutory requirements before arresting another officer, and failure to do so constitutes a violation of fundamental rights under Article 2....
The judgment established the principle that illegal detention and malicious prosecution by the police warrant the grant of compensation under the public law remedy, emphasizing the violation of funda....
Compensation for violations of Article 21 is a public law remedy, essential for enforcing accountability and deterring state misconduct, distinct from private law remedies.
The judgment establishes that police must justify arrests and follow legal procedures, particularly in non-bailable offenses, to protect individual liberties.
Arrest and detention – No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person – It would be prudent and wise for a Police officer that no arr....
The main legal point established in the judgment is the principle of 'Public Law Damage', which empowers constitutional courts to award compensation under public law to redress grievances arising fro....
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